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MG6 CASE FILE EVIDENCE AND INFORMATION


The purpose of this form is:

To inform the CPS prosecutor of all relevant background information (some of which may not be disclosable to the defence) for an effective case review

To assist the prosecutor in considering both the evidential and public interest tests

To provide target dates for the supply of relevant types of evidence.

To document the rationale for police charging decisions in accordance with Director’s Guidance on Charging (v4).


The FIU will provide information to CPS in accordance with nationally agreed processes.

It is important to advise CPS whether the defendant is a candidate for a POCA application and what stage enquiries have reached in cases where POCA is being considered. These matters need to be taken into account as part of the prosecution process at the earliest opportunity.

This section is to be used to document the rationale for a police charging decision in the circumstances described, in order that a CPS prosecutor can review this, where applicable, prior to the first court appearance.

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This section has been introduced as part of a cross – CJS initiative to protect vulnerable and intimidated witnesses and is designed to enable the Prison Service to prevent detainees held on remand from threatening or intimidating witnesses prior to trial. It must be completed, in addition to an MG7 where a remand in custody is sought and there is a risk that a defendant may try to intimidate witnesses in the case.

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MG6 – CASE FILE INFORMATION GUIDANCE NOTES


1. Only one MG6 needs to be completed per file regardless of the number of defendants.

2. A separate copy of the information to the Prison Service regarding vulnerable-intimidated witnesses must be completed for each defendant for whom a remand in custody is sought. This is because defendants may be sent to separate prisons on remand and may pose different threats to different witnesses.

3. This form is a restricted communication between police and CPS and it will not form part of the Initial Details of the Prosecution Case (IDPC) or be copied to the defence, or to the judge in indictable only offences.

4. Guidance on the type of information required on the form is given below. It is not intended as an exhaustive list and officers should not feel restricted in any way as to the information supplied and may use the form to express opinions.

 

5. Medical Evidence6. Forensic Evidence7. Visually Recorded Evidence8. Victims/Witnesses9. Witnesses who have refused to make a statement10. Other offenders11. Additional information Are there any witnesses who could be accomplices? Others arrested and interviewed but not charged or dealt with by alternative disposal. Praiseworthy conduct of witnesses. Victim’s Charter and Witness Care. Intimidation/victimisation.12. R v DPP, ex parte LEE (1999) 2 Cr App. R 304, DC13. R v DPP, ex parte BEANEY and KING, R v (1999) EWHC Admin 432 (14 May 1999)14. Rationale for Police Charging Decision